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Old 04-29-2010, 03:29 AM
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Originally Posted by anabel_r12 View Post
The new changes in immigration laws are likely to favour job-ready candidates in the form of employer sponsorship and state nomination.

Lets have a look at my current situation:

1. My ACS is currently being processed

2. IELTS done with score of 7 in each module

3. I already have 1 yr+ of australian work experience

4. I am currently under a 457 sponsorship visa

I am just waiting for the ACS feedback to be able to apply for permanent residency. lets suppose, I get my ACS after the new SOL is out and applicable (july) and my occupation is not on it ( computing tester), and i dont want to go for the ENS, would i still be eligible for permanent residency given the fact i already have a job, been working in that field for 4yrs+, with relevant IT degree)....i surely fall under the skilled potential migrants that already have a job..... or will the new law clearly specify ENS or any other form of sponsorship...

please advise

Unfortunately annabel, skilled stream visa regulations never really have much flexibility or cannot be applied with flexibility for they are backed by legislation and Immi officers have to follow the law [ the legislation ].

It'll either be Employer Sponsorship of the Independent route, be it with sponsorship or on a state migration plan list.

What you could do is take a belt and braces approach for if you wanted to apply for an independent visa if you find you are eligible, you can do that and while it is in whatever type of queue that is necessary you can have an ENS processed [ if eligible and employer is too and agreeable ] and do it right and the ENS is fee free.
You can read that @ and by doing it right I mean if your independent application is an offshore 175/176 you would need to apply for the offshore version of the ENS.

That'll mean for either, taking a trip to NZ, Bali or somewhere for a short holiday to allow the visa to be granted [ offshore visa you have to be offshore for granting ].

If your ACS assessment comes back quicker because of your prior application [ and did you make a reference to the prior one? ] , you may be in time to get your 175/176 application in before changes come into effect.

btw, with Computer Tester, is that NEC re or Support Technician or something for I do not see Tester as such on SOL.

One thing you may want to check with Immi via a phone call or email is to find out if you'll be on the CSL for the reasoning before was that a computing professional on MODL was considered to be on the CSL but the MODL has been revoked for other than existing potential onshore applicants and I've not seen any references to how Computer Professionals were affected - could be that they're effectively no longer on CSL.

Re your reticence for the ENS if that is because you think you'll be tied to a particular employer for three years, it's not quite that way for though a work offer of three years is mentioned in eligibility, there is no contract between you and Immi to stay with that employer for three years and any such requirement would only apply if you sign a contract with the employer that is legally binding.

If you find out something definite from Immi re IT people and MODL > CSL, please post for I'd be interested to know.